Bourne Co. v. Twentieth Century Fox Film Corporation et al

Filing 34

DECLARATION of Paul M. Fakler in Support re: 28 MOTION for Summary Judgment.. Document filed by Bourne Co.. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibits E-G, # 6 Exhibit Exhibit H, # 7 Exhibit Exhibit I, # 8 Exhibit Exhibits J-K, # 9 Exhibit Exhibits L-M, # 10 Exhibit Exhibits N-O)(Fakler, Paul)

EXHIBIT E

91
LAt'lRENCE

. D.

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --x

BOUR CO.,

Plaintiff,
- against 07 Civ 8580 (DAB)

TWNTIETH CENTURY FOX FILM
CORPORATION, FOX BROADCASTING

COMPANY, TWNTIETH CENTURY FOX
TELEVISION, INC., TWNTIETH CENTURY
FOX HOME ENTERTAINMNT, INC., FUZZY

DOOR PRODUCTIONS, INC., THE CATOON

NETWORK, INC., SETH MACFAR,
WALTER MUPHY,

Defendants.

--- - ------ - -- -- --- - ----- -- ------- ---- -- - --x
DEPOSITION of LAWRNCE FERR, Ph.D., held at
the offices of Moses & Singer LLP, 405 Lexington

Avenue, New York, New York 10174-1299, on the 6th day
of March 2008, commencing at 10:05 a.m., before Colette Cantoni, a Registered Professional Reporter and Notary Public of the State of New York, pursuant
to Notice.

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Pa 8
LAWRENCE FERRARA, PH.D.

1

Ferrara
A

Yes.

3

Q

But you didn i t mention them in your report
That is correct.

4 as things you had considered?
5

A
Q

6

Are there any other things, materials that

7 you considered in preparing this report that are not

8 identified in the report, other than what we just

9 spoke about?
10
A

I saw the episode of "The Family Guy"

11 that is at issue, but did not include it in my report

12 because I stated that I am analyzing the music that

13 was at issue and not the episode in its entirety.
14
Q

But you did actually watch a video version

15 in addition to the CD version or the audio version

16 that you reference in your report?
17 18
A
Q

Yes, I did. A DVO version.
Have you ever had one any of your expert

19 testimony excluded from evidence in a case?
20
21
A
Q

Not to my knowledge.

In your report on page 1, footnote 1, you

22 say that you have not been asked to opine on the

23 lyrics for the report.
24
A
Q

Yes.
But you did analyze the lyrics?

25

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9
, PH. D.

1

Ferrara
A
Q

Yes, I did.

So why did you not opine?

MR. FAKER: Off the record.
(Off the record.)

MR. FAKER: Back on the record.
And if you could read the last question,

please.
(Question read.) 10 BY MR. FAKER:
11
Q

On the lyrics?

A To the best of my recollection, Mr. Zavin
said that the lyrics could easily be assessed and

14 analyzed by a trier of fact who is not a
musicologist. That is, that the meaning of the

16 words, and the parody inherent therein, is already
7 there on the face, and therefore a musicologist would

8 not be required in this issue to so opine.
9 o

Q

Did you agree with Mr. Zavin i s assessment?
Yes, I do believe that the lyrics are easy

A

enough to understand by a non-musicologist.

Q And what was the conclusion you came to in
3 the analysis you did with respect to the lyrics?

Well, I am sorry, let i s take a step back.
How did you analyze the lyrics?

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Pa 10
LAWRENCE FERRARA, PH.D.

1

Ferrara
A

2

I went through the lyrics on the basis of

3 first whether or not any of the lyrics or lyrical

4 phrases from the Pinocchio song were actually used

verba tim in The Family Guy song.

6 In addi tion , I looked at the overall
7 seman tic meaning line by line and section by section

8 in tbe lyrics in the Pinocchio song and The Family

9 Guy song.

10 In addition to that, I considered the way
11 in which syllables were actually used, set to various
12 rhythms and to melody. And essentially, on that 13 basis, drew conclusions as to the lyrical

14 similari ties and differences and as to whether or
15 not, in my opinion, the lyrics represented a parody
16 in Family Guy song of Pinocchio i s song lyrics.
17 18
Q

And what conclusions did you come to?
I found that the only verbatim similarity

A

19 in the lyrics is in the "Wish Upon a Star" phrase,

20 and noted that it is in a different place, that is
21 tha t the opening lyrical phrase in Pinocchio song is 22 "When You Wish Upon a Star," yet the use of a part of
23 that "Wish Upon a Star" is not in the opening phrase
2 4 in the lyrics of Family Guy song.

25 In addition, I noted that outside of that
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P 9 11
LAWRENCE FERRARA, PH.D.

1

Ferrara
similarity, and certainly the fact that there are

3 similar setting of syllables to various notes 4 quantitatively, that the qualitative impact of the
5 vast lyrical changes in differences in The Family Guy

6 song represented very new expression, and from the
7 standpoint of parody, as a musicologist, that it took
8 what was in the original a, very pure idea about how

9 one might "Wish Upon a Star," and turned it into an

10 extraordinarily vulgar approach about how the

11 Peter Griffin character was wishing for a Jew.

12 And in that sense I concluded that the
13 lyrics, by themselves, are a parody and indeed
14 overall, in terms of their seman tic meaning, very,

15 very different as compared with the lyrics in
16 Pinocchio i s song.
17
Q

And did you share these conclusions with

18 counsel prior to them asking you to omit that from

19 your report?
20 21
22

MR. RIMOKH: Objection.

MR. FAKER: On what ground?
MR. RIMOKH: We never asked him to omi t

23 them from his report.
24
Q

You were asked to exclude the --

25

MR. RIMOKH: No.

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Fa
LAWRENCE FERRARA, PH.D.

Ferrara
2
3

Q

-- the opinions from the report?

MR. RIMOKH: The words in the report was

4 tha t he was not asked to opine on it.
He was not asked to exclude anything.

6 BY MR. FAKER:
7 8

Q

You did exclude this from your report?

MR. RIMOKH: Objection.
Q

9

Did you exclude this opinion from your

10 report?
11
1

MR. RIMOKH: Objection, unclear.
Q

You can answer.

13
14

MR. RIMOKH: What is this opinion?

MR. FAKER: This opinion on the lyrics
A

15 that we've been discussing for the past five minutes.
16

As per my footnote 1, I was not asked to

17 include my analysis of the lyrics in the report.
18
Q

So when you don't include something that

19 you've done, would you consider that excluding it?
20
21
A
Q

Yes, I guess.

So prior to your excluding it from the

22 report, did you discuss these opinions with counsel?
23
24
A
Q

Yes.
Thank you.
Were you at any time asked to consider the

25

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LAWRENC FERRARA, PH.D.

91

1 Ferrara
2 composi tion Clair de Lune in connection with this

3 case?
4

A
Q

Yes.
When was that?

5
6 7 8

A
Q

Relatively recently.
And what were you asked to do?

A

I was asked if there were any notable

9 similari ties in Clair de Lune and The Family Guy __

10 no, I am sorry -- and Pinocchio song.
1

Q

And what were your conclusions?
Tha t there were none that were notable.

12

A
Q

13
14

Do you know who Walter Murphy is?

A

I have seen his name on some of the sheet

i 5 music that has been proffered, but I do not know who

16 he is other than that.
17
Q

Did you at some point receive sheet music

18 with Mr. Murphy's name on it?
19
A

The first time that I saw sheet music with

20 Mr. Murphy's name on it was that sheet music that was

1 attached to Ms. Wilbur's report.
22
Q

And based on looking at the sheet music,

23 do you have any understanding of who Mr. Murphy is?
24
A

It would seem as though he was a composer

25 of the music in Family Guy song.

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. D.

Ferrara Q Have you had any communications with
Mr. Murphy?
4

A

No.

Q Do you know the title of what you refer to
as The Family Guy song?

A To the best of my recollection, in the
episode that I saw I think it said "Wish Upon a Star

9 David," or something like that.

o Q And where did you see that?
A I think it was in the episode that I saw, 1 but I don't recall.
Q Did you ever ask anyone at counselor
14 defendants what the title of the song was when you

5 were doing your analysis?
16
17
A
Q

No.
Is it fair to say then you just didn't

1 know what the title was when you wrote the report,
and that's why you call it Family Guy song?

20
1

MR. RIMOKH: Objection.
A

I am not aware that there is a title, that

there is a set title. And so the use of "Family Guy

3 song" is to specify that it is that song, and
4 particularly the song that was actually broadcast in
the TV show.

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Fa 61
LAWRENCE FERRARA, PH.D.

1 2 3

Ferrara
A
Q

Yes.
Do you consider "When You Wish Upon a

4 S tar II to be a standard?
5 6

A
Q

Yes.
Do you have any sense of how many times

7 it's been recorded since the 1940s?
8

A

I do recall, Googling that at one point,

9 and it has been recorded many times.
10
Q

And a rough sense, are we talking over 50?

11 Over 100?
12
A
Q

I don't recall.

13
14

But a lot of times?
But a lot of times, yes.

A
Q

15

Would you expect there to be, in these

16 various recordings, many different variations in the
1 7 singer's rendition of the melody line?
18
A
Q

There could be, yes.

19

Did you review or consider any of the

20 other recorded versions of "When You Wish Upon a

21 Starll in doing your musicological analysis?
22
A

There was another release of the movie

23 song in a longer arrangement but by the same

24 performer, and I found -- to the best of my
25 recollection, the parts that were the same were

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120
LAWRENCE FERRARA, PH.D.

1 Ferrara
2 are not identical.
3

Q

But "dreamll is a quarter note on the third

4 beat?
5 6

A
Q

No, that's wrong.

Oh, it is the second beat. I got you. So

7 that's why it doesn't correlate.
8 And if we could look at 46, "nee,d" and
9 "dream. II
10
11
A
Q

Yes?
Why don't those correlate? I have them -- are they not
There is no line --

12

A
Q

13
14

MR. RIMOKH: I am sorry, where are we?

15

MR. FAKER: In Section E.
A
Q

16
17

How can we have a different. . .
That's the strangest thing. The copy that

18 I have doesn't have it.
19

MR. RIMOKH: Where are you?

20 21 22
A
Q

MR. FAKER: Let me double-check this one.

Here (indicating).
No, I got it. It's a bad copy. That

23 answers that one.
24 We have discussed before a couple of times
25 that in this comparison you compared your

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121
LAWRENCE FERRARA, PH.D.

1 Ferrara
2 transcription of the version in the version of IIWhen

3 You Wish Upon a Star" in the movie Pinocchio to your

4 transcription of The Family Guy episode.

5 Would this analysis in fact have changed
6 if you had used the Deposit Copy sheet music version

7 of the melody?
8

A

Yes, I think so.

9 I think there may have been less
10 similarity, I remember doing it at one point, that is

11 going through it visually, but I'd have to actually
12 do it measure by measure now, if you'd want it.

13 Actually, there could have been -- I am
14 looking at it right now -- it's possible that there
15 could be greater rhythmic similarity.
16
17 18
Q

Yes, that's what I am asking about.
I think that -Can we look at that, please.

A
Q

19

A
Q

Yes. Yes.
And if you could, maybe the quickest and

20

21 easiest way to do this -- actually, that's the
22 original, or maybe I could give you another one to

23 rip up. So don't rip up that one because she put her

24 initials on it.

25 If you could go through, with the two
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122
LAWRENCE FERRARA, PH.D.

1 Ferrara
2 documents, and if you could indicate each one of the
3 notes in "I Need a Jew" that would have a line added,

4 that would indicate -5 6

A
Q

How would you like me to so indicate?

Orally. Just callout the note -- not the

7 name of the note but perhaps the word that the note

8 appears over.
9

A
Q

Would you like me to make a check as well?
Tha t would be great.

10 11

A

In the event that you wanted me to

12 sumarize it, the checks would make it easier for me

13 to do so.
14
Q

Right. That's an excellent idea.
In fact, don't let me tell you how to do

15

16 it. Why don't you tell me what you think the best

17 way for you to do this is.
18
A

I will say orally those that do in fact

19 correlate identically in terms of rhythm.
20
21
Q

Okay.
And we are comparing The Family Guy song

A

22 to the IIWhen You Wish Upon a Starll Deposit Copy, and

23 specifically what's called the chorus to start with
24 in the Deposi t Copy.
25
Q

Right.
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EXHIBIT PL 1

EXHIBIT F

1

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

BOURE CO., )

Plaintiff, )
) )

)

VS. ) No. 07 CIV. 8580 (DAB)
TWNTIETH CENTURY FOX FILM )
CORPORATION, FOX BROADCASTING ) COMPANY, TWNTIETH CENTURY FOX )

TELEVISION, INC., TWNTIETH )
CENTURY FOX HOME ENTERTAINMNT, )

INC., FUZZY DOOR PRODUCTIONS, )
INC., THE CARTOON NETWORK, INC.,)

SETH MAC FARE, WALTER MUPHY,)
)

Defendants.

)
)

RULE 30 (B) (6) DEPOSITION OF FOX EMPLOYEE

THOMAS CAVANAUGH

TAKN ON
THURSDAY, MACH 13, 2008

Reported by:
Daryl Baucum, RPR, CRR, CBC, CSR No. 10356

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Page 7

1 any way decides to request a license for a particular

2 episode of "Family Guy"?
3
4

A.
Q.

No.
And let me just ask you was this document

5 prepared by Marni Feenberg in the ordinary course of her

6 employment at Fox?
7 8

A.
Q.

I believe so.

I would like to show you a document we have

9 marked as Plaintiff's Exhibit 28. It was produced in
10 discovery at FOX 2 through FOX 4.

11 (Plaintiff's Exhibit 28 was 12 marked for identification.)
13 BY MR. FAKER:
14

Q.

And can you tell me what this document is?

15

A.

Yes, this is a status report that is produced

16 by the licensing department that reports on all of the
17 license requests that have been sent out and what the

18 status of each is.
19
Q.

And would this have been produced by a Fox

20 employee in the ordinary course of their employment with
21 Fox?
22

A.
Q.

Yes.
Did Fox seek a license to use "When You Wish

23

24 Upon A Star" in connection with the "When You Wish Upon

25 a Weinstein" episode?

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Jag, 8

1

A.
Q.

Yes.
Why did Fox seek that license?
They intended to use the song in the episode.

2 3
4

A.
Q.

And by "they," you mean the "Family Guy"

5 production team?
6
7

A.
Q.

The production, yes.
Wha t were the terms of the license that you

8 were requesting?
9

A.

Our standard request -- at least I can see from

10 here on this memo they asked for two quotes. One was

11 for a five-year license for all forms of television
12 worldwide, and then the second is a quote for all
i 3 television in perpetuity worldwide.
14

Q.

Is there anything -- do you know whether a

15 particular request was made to change lyrics from the

16 original song?
17 18

A.

I don't know.

It wouldn't be reflected on this

piece of paper.

It would have been in the request that

i 9 was sent to the publisher, and typically script pages

20 are attached.
21
Q.

Does Fox keep those records of these requests

22 when they have been denied?
23
24

A.
Q.

I believe so, yes, but.
Do you know whether anyone looked for those?

25

A.

They have not -- from personal experience, they

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Pag 9
1 haven't been easily to locate, and I am not referring

2 specifically to this matter, some other matters I am

3 looking at.
4

Q.

Do you have any understanding of a search that

5 was made for the original request for this license?
6 7
8

A.
Q.

For this specific, no.

And do you know specifically who was
who Fox contacted with this request for the

contacted
A.

9 license?
10
Well, I know it was Bourne Music.
I don't know

11 who the individual was at Bourne.
12

Q.

And that request was denied by Bourne?
Apparen tly, yes, as it says on the memo.

13
14

A.
Q.

Are you aware of the fact that during season

15 two, Fox decided not to air the "When You Wish Upon a

16 Weinstein" episode?
17
18

A.

Yes.

MR. ZAVIN: Objection.

19

MR. FAKER: Are you aware.
MR. ZAVIN: You haven't defined Fox. There are

20

21 a numer of different Foxes.
22 23

MR. FAKER: The Fox def endan ts .
MR. ZAVIN: Sorry, still haven't defined them.

24 Not all the defendants initially made that decision.
25 BY MR. FAKER:

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Page 11

1 It was -- one of the executives in the sales
2 group watched it and actually loaned it to a group of

3 friends, most of whom were Jewish, and they had asked
4 him for it and they saw it and came back and said we

5 think it's hysterical.
6 And he then gave it to another execu ti ve to
7 rewatch and the decision was made to allow the Cartoon 8 Network to see a copy of it and let them decide whether

9 they wan ted to add it to their rotation or not.
10

Q.

Do you know which executives made that

11 decision?
12

A.

The first one was Steve McDonald,

(

13

M-A-C-D-O-N-A-L-D, and he's the one who loaned it to the

14 group of friends. And then he gave it to his boss to
15 watch, Bob Cesa, C-E-S-A.
16
Q.

So once that offer was made to Cartoon Network,

1 7 how did Cartoon Network respond?
18

A.

I believe that they wanted to take a look at

19 the episode. They watched it and then ultimately

20 decided that it was in keeping with the overall spirit
21 of the show and they added it to the rotation.
22
Q. At a certain point, a decision was made by a

23 Fox entity to release the episode on DVD?
24

A.
Q.

Uh-huh.

25

Do you know which Fox en ti ty made that

[phone] www.MerrillCorp.com

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Page 12

1 decision?
2

A.

That would have been -- the DVD' s are released

3 by a division called FHE, which stands for Fox Home
4 Entertainment, and it was included in what's Volume II

5 of the "Family Guy" but it was actually season three

6 because seasons one and two were combined.

7 And it was -- as they do with all DVD' s, they
8 go to the -- for the television DVD' s that they're going

9 to release, they go to TCF TV, the production entity,

10 and say give us all the materials that you have because

11 the value-added materials have a lot to do with the 12 commercial viability of the product.

13 That episode was one of the things they said
14 they had from season three, and FHE decided to include

15 it.
16

Q.

Was the fact that the episode had previously

17 not be aired by Fox also part of the commercial value of 18 including that episode?
19

A.
Q.

I believe so.

20 21 22

Has the episode been released in other formats?

A.
Q.

Such as?
Such as ring tones.

23
24

A.
Q.

No.
I shouldn't say that.

25

Has the song "I Need A Jew" been released as a

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EXHIBIT G

MI

N

LAZZO

i

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

BOURE CO.,

Plaintiff,
CIVIL ACTION FILE

vs.
NO. 07 Ci v 8580 (DAB)

TWNTIETH CENTURY FOX FILM CORPORATION, FOX BROADCASTING COMPANY, TWNTIETH CENTURY FOX TELEVISION, INC., TWNTIETH CENTURY FOX HOME ENTERTAINMNT, INC., FUZZY DOOR PRODUCTIONS, INC., THE CARTOON

NETWORK, INC., SETH MACFARE,
WALTER MUPHY,

Defendants.

DEPOSITION OF

MICHAL NICHOLAS LAZZO
March 13, 2008
10:59 a.m.

600 Peachtree Street, NE
Suite 5200

A tlan ta , Georgia
Jennifer D. Hamon, CCR-B-2287, RPR

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Page 10
MICHAEL NICHOLAS LAZ ZO

1

Q.

What other ones?

2 3

A.
Q.

TBS, I believe. That's it.
When did TBS start telecasting

4 "Family Guy"?
5 6
7

A.
Q.

I'm not sure of the exact date.

Roughly? Do you have a year?
I believe sometime in 2004.
I don't

A.

8 know exactly.
9

Q.

Was it before or after Fox started

10 broadcasting "Family Guy" again?
11

A.

Again? It would have been after, I

12 believe.
13

Q.

Do you have any responsibili ties

14 with respect to the TBS telecasting of "Family
15 Guy"?
16
17

A.
Q.

No.
So you testified already that

18 Cartoon Network telecast an episode known as 19 "When You Wish Upon a Weinstein" or "Wish Upon

20 a Weinstein"; correct?
21 22

A.
Q.

Correct.
And when was the first telecast of

23 the epi sode?
24

A.
Q.

Novemer 9th, 2003.
How many times to date has the

25

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MICHAEL NICHOLAS LAZZO

1 episode been telecast for Cartoon Network?
2
3
4

A.
Q.

I believe it 's 36 times.

And is there a song in the episode

called "I Need a Jew"?

5

A.
Q.

I believe that's the ti tle of it.
You're familiar with the song.

6
7
8

A.
Q.

Yes.
Other than telecasts, has Cartoon

9 Network distributed the episode in any other

10 ways, for example, on the Internet or in
i 1 ringtones or video games or anything like

12 that?
13

A.

We have clipped the "Family Guy"

14 programing on the Internet, offered clips to
15 our websi te .
i6
17 18

Q.

What website is that?

A.
Q.

Adul tswim . com.
So the entire episode is available?
,

19

A.
Q.

No.

20
21

A.
Q.

Portions? Portions.
Do you know whether the song "I Need

,

22

23 a Jew" is available on the Adult Swim website?
24

A.
Q.

I do not believe it is.

25

Is the song "I Need a Jew" available

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Płge 24
MICHAEL NICHOLAS LAZZO

1

And it says "Lazzo/Cahill."

2

So tell me: Does that mean you

3 produced this particular bump?
4

A.

Mike Lazzo and Michael Cahill

5 produced that particular bump.
6

Q.

So now I i m going to play the bump.

7 (Playing DVD.)

8 So I just paused it at the first
9 screen, and I will read it into the record.
10 It says, "The following program contains

11 content that some viewers may find

12 objectionable."
13

And then in the bottom right corner,

14 in parentheses, it says "Adul t Swim."

15 So can you tell me about this card
1 6 and this bump.
17

A.

We occasionally air that type of

18 disclaimer within the block at the top of 19 every hour to alert viewers that some of our

20 material is for mature audiences. So that's
21 just a fairly standard disclaimer like you
22 would see on many television -- preceding many

23 television shows.
24
Q.

So is it fair to say that although

25 Cartoon Network decided to air the Weinstein
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5

MICHAEL NICHOLAS LAZZO

1 episode, they felt that a disclaimer was still
2 necessary?
3
4

A.
Q.

Yes.
Can you explain that reasoning to

5 me.
6

A.

Well, for, you know, any numer of

7 shows, we occasionally air disclaimers
8 alerting viewers about mature content, like
9

many television networks i including NBC.

r

10 You know, it's just a fairly
11 standard operating procedure to air
In fact, 13 we air disclaimers in front of our block when
12

disclaimers in front of programing.

14 it signs on at 11: 00 every night.
15

Q.

So you're saying "mature con ten t . "

1 6 Wha t was the ma ture con ten t in the Weins tein

17 episode?
18

A.

Well, we're just -- we're trying to

19 differentiate -- we program to an 18-year-old

20 audience and older. So we're, in es sence, by
21 day Cartoon Network and by night a young adult

22 audience. So we, in a standard way,
23 differentiate our block by running

24 disclaimers.
25
Q.

Do you run this bump in front of

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Page 26
MICHAEL NICHOLAS LAZZO

i every "Family Guy" telecast?
2

A.

No. We run this bump at 11: 00, in

3 front of whatever program might be there.

4 Right now, that's "Family Guy," but it used to

5 be "Futurama." Prior to that, it was home

6 movies. It's a rotating collection of shows.
7 Q. Does this bump run -- not this bump,
8 because it says Cartoon Network. Does a
9 similar bump run in front of "Family Guy" on

10 TBS?
11
12

A.
Q.

I don't know.

So is it your testimony that this

13 bump really has nothing to do with the
14 Weinstein episode?
15

A.

If it aired in front of the

16 Weinstein episode -- you know, I don't recall 17 whether we ran a specific disclaimer in front
is of the Weinstein episode or not. It would not

19 surprise me if we did, however.
20 21
Q.
And why is that?

A.

We like to alert our audience that

22 sometimes the content of a specific show is
23 for mature audiences. We would do that for

24 any numer of our programs.
25
Q.
Let's look at the next card.

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M CHAEL NICHOLAS LAZZO

1

(Playing Dvn.)

So does this second card

2 refresh your recollection with respect to
3 running this bump in front of Weinstein and

4 the specific reasons
5 6

A.
Q.

Yes.
So tell me what your recollection is

7 now.
8

A.

Well, I don't exactly rememer the

9 card, however, we clearly produced it. We

10 make packaging like this every week for every
11 night. So we make a lot of these cards. This
i 2 is a disclaimer-type card which we have run in

13 the past for other shows, and this one is
14 specific to that episode.
15

MS. STAR: Let me just state -- I'm
sorry -- for the record that this second
part of this bump is a card that states, "The views expressed in, quote, When You

16
17 18

19

Wish Upon a Weinstein, end quote, are
comedic in nature and do not reflect the
opinions of Adul t Swim or Cartoon

20
21

22 23
4

Network. "

And then, again, the Adul t Swim, in
paren, logo appears at the bottom right.

25

And I think this clears up the question as

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28
MICHAEL NICHOLAS LAZZO

1

to what the name of the episode is.

2

Q.

(By Ms. Stark) So is it your

3 testimony that you have no clear recollection
4 as to the decision to create this custom card?
5

A.

I don't rememer making it, however,

6 we clearly did.
7
8

(Deposition in recess, 11:35 a.m. to
1l:45 a.m.)

9

Q.

(By Ms. Stark) So did Cartoon

10 Network receive complaints regarding the

11 episode after it aired?
12

A.
Q.

Not to my knowledge.

13

You're speaking on behalf of the
l

14 company. Did you educate yourself as to
15 whether there were any?
16

A.

I always get phone calls when we

17 have what I would consider a notable numer of

18 complaints. And in this particular case, I
19 did not get that phone call saying that we had

20 recei ved a numer of complaints and that we

21 should look into this.
22
Q.

What is the median age of a "Family

23 Guy" viewer?
24

MR. RIMOKH: Objection.
Q.

25

(By Ms. Stark) You can answer.

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